WaPo, Chron call for fairness in DeLay proceedings
Yesterday, the Washington Post suggested that Ronnie Earle might not be playing fair with Rep. Tom DeLay:
In this case, though, the "proceeds of criminal activity" -- the corporate-funded campaign checks -- are the same as the alleged criminal activity itself. Indeed, with the conspiracy charge thrown out, the money-laundering statute is being used as something of a stand-in for the election law -- except that it carries a bigger penalty. And there's always reason to pause when a prosecutor seems to be shaping the law to fit the circumstances.
None of this is to applaud Mr. DeLay's actions in Texas or elsewhere, or to say that he ought to be restored to his role as majority leader. It may be that Travis County District Attorney Ronnie Earle has more evidence than he has yet revealed about Mr. DeLay's involvement in this ugly episode. More damaging information also may emerge from the continuing federal investigation into the lobbying activities of Jack Abramoff ("one of my closest and dearest friends," Mr. DeLay once called him) and Michael Scanlon, Mr. DeLay's former communications director who pleaded guilty to conspiracy to bribe public officials. But the law needs to be applied with care and judgment when it comes to criminalizing political activity -- no matter who is being prosecuted.
Today, the Houston Chronicle went even further:
DeLay's lawyers have done their part to delay the trial. They filed motions to have the charges dismissed on the grounds no law was violated; to have the charges dismissed due to alleged prosecutor misconduct; to have the first trial judge removed; and to have the trial moved from liberal Austin to conservative Fort Bend County. Each motion takes time to consider.
However, there is no reason the appeals court cannot come to a quick decision regarding the dismissed charge. Lawyers for both sides have thoroughly briefed the issue, and neither the law nor the facts have changed.
DeLay has more problems than those presented by his indictment. Even if he is cleared of the charges he faces in Texas, House Republicans might be reluctant to return him to the leadership. That, however, is a decision that should be made by them, not by a district attorney with the tools to postpone the trial indefinitely.
Ronnie Earle can't postpone the trial indefinitely, but the point is valid. Surely no legal end is served by the delaying tactics. If Earle can prove his DeLay charges, then that will be that. If not, then it's going to look as if he criminalized politics in order to take down a sitting House Majority Leader. Foot-dragging doesn't tell us anything.
Posted by Kevin Whited @ 12/20/05 08:44 PM | Print | Comments (5)
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